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Confusing testimony in Pistorius case

Missteps, blunders mar prosecution's evidence

Published: Sunday, July 5 2015 11:50 p.m. MDT

Oscar Pistorius stands inside the court as a police officer looks on during his bail hearing Wednesday. (Associated Press) Oscar Pistorius stands inside the court as a police officer looks on during his bail hearing Wednesday. (Associated Press)

PRETORIA, South Africa — The prosecution case against Oscar Pistorius began to unravel Wednesday with revelations of a series of police blunders and the lead investigator's admission that authorities have no evidence challenging the double-amputee Olympian's claim he killed his girlfriend accidentally.

Detective Hilton Botha's often confused testimony left prosecutors rubbing their heads in frustration as he misjudged distances and said testosterone — banned for professional athletes in some cases — was found at the scene, only to be later contradicted by the prosecutor's office.

The second day of what was supposed to be a mere bail hearing almost resembled a full-blown trial for the 26-year-old runner, with his lawyer, Barry Roux, tearing into Botha's testimony step by step during cross examination.

Police, Botha acknowledged, left a 9 mm slug from the barrage that killed Reeva Steenkamp inside a toilet and lost track of illegal ammunition found inside the house. And the detective himself walked through the crime scene without wearing protective shoe covers, potentially contaminating the area.

Olympic athlete Oscar Pistorius stands inside the court as a police officer looks on during his bail hearing at the magistrate court in Pretoria, South Africa, Wednesday, Feb. 20, 2013. A South African judge says defense lawyers will need to offer Olympic athlete Oscar Pistorius stands inside the court as a police officer looks on during his bail hearing at the magistrate court in Pretoria, South Africa, Wednesday, Feb. 20, 2013. A South African judge says defense lawyers will need to offer "exceptional" reasons to convince him to grant bail for Oscar Pistorius, when a hearing resumes Wednesday. (AP Photo/Themba Hadebe) (Associated Press)

Authorities, Roux asserted, were selectively taking "every piece of evidence to try to extract the most possibly negative connotation and present it to the court."

The case has riveted South Africa, with journalists and the curious crowding into the courtroom where Pistorius, dubbed the Blade Runner for his prosthetic legs, faces a charge of premeditated murder in the Valentine's Day slaying.

Pistorius says he mistook Steenkamp for an intruder and shot her out of fear, while prosecutors say he planned the killing and attacked her as she cowered behind a locked bathroom door.

The day seemed to start out well for the prosecution, with Botha offering new details of the shooting that appeared to call into question Pistorius' account of the moments leading up to the 29-year-old model's death.

Ballistic evidence, he said, showed the bullets that killed her had been fired from a height, supporting the prosecution's assertion that Pistorius was wearing prosthetic legs when he took aim at the bathroom door. The athlete has maintained he was standing only on his stumps, and felt vulnerable and frightened as he opened fire from a low position.

Investigating officer Hilton Botha, sits inside the court witness box during the Oscar Pistorius bail hearing at the magistrate court in Pretoria, South Africa, Wednesday, Feb. 20, 2013.  Olympic athlete Pistorius is charged with premeditated murder for the Feb. 14 shooting death of his girlfriend, Reeva Steenkamp. The bail hearing continues. (AP Photo/Themba Hadebe) (Associated Press) Investigating officer Hilton Botha, sits inside the court witness box during the Oscar Pistorius bail hearing at the magistrate court in Pretoria, South Africa, Wednesday, Feb. 20, 2013. Olympic athlete Pistorius is charged with premeditated murder for the Feb. 14 shooting death of his girlfriend, Reeva Steenkamp. The bail hearing continues. (AP Photo/Themba Hadebe) (Associated Press)

Projecting a diagram of the bedroom and bathroom, prosecutor Gerrie Nel said it showed Pistorius had to walk past his bed to get to bathroom and could not have done so without seeing that Steenkamp was not asleep there.

Botha backed the prosecutor up, saying the holster for Pistorius' 9 mm pistol was found under the left side of the bed, where Steenkamp slept, and it would have been impossible for Pistorius to get the gun without checking to see if she was there.

"I believe that he knew that Reeva was in the bathroom and he shot four shots through the door," the detective said.

Botha described how bullets struck Steenkamp in the head and shattered her right arm and hip, eliciting sobs from Pistorius, who held his head in hands.

However, when asked if Steenkamp's body showed "any pattern of defensive wounds" or bruising from an assault, Botha said "no." He again responded "no" when asked if investigators found anything inconsistent with Pistorius' version of events, though he later said nothing contradicted the police version either.

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